Nicolas Ernesto Garcia and Blanca Lidia Iraheta Garcia

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 08-43157 TT
Chapter 7
NICOLAS ERNESTO GARCIA, BLANCA 	R.S. No. MTD 570
LIDIA IRAHETA GARCIA,
Debtors.
______________________________/
MEMORANDUM RE MOTION FOR RELIEF FROM STAY
The 	motion 	of 	Mortgage 	Electronic 	Registration 	Systems, 	Inc.
(“MERS”) 	for 	relief 	from 	the 	automatic 	stay 	came 	on 	for 	hearing
before 	the 	above-captioned 	Court 	on 	July 	25, 	2008 	at 	11:00 	a.m.
Appearances were stated on the record. 	The Court announced that it
had some concerns, which it would set forth in writing, and continued
the hearing to August 15, 2008 at 11:00 a.m. 	Those concerns are as
follows:
The 	Court 	is 	informed 	that 	MERS 	has 	neither 	an 	equitable
interest in the secured claims that form the basis for the motions it
files in bankruptcy court nor any servicing obligations. 	The Court
is 	informed 	that 	MERS 	simply 	provides 	the 	name 	in 	which 	the 	real
Signed: July 25, 2008
________________________________________
LESLIE TCHAIKOVSKY
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
July 28, 2008
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 08-43157 Doc# 9 Filed: 07/25/08 Entered: 07/28/08 10:52:38 Page 1 of 3

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
party 	in 	interest 	acts 	so 	that 	names 	need 	not 	be 	changed 	when 	the
underlying note changes hands.
In the instant case, the declaration is signed by an employee of
Countrywide Home Loans, Inc. (“Countrywide”), which is identified as
the loan servicer for MERS. 	The Court doubts that Countrywide is the
loan servicer for MERS. 	The note and deed of trust, copies of which
are 	attached 	to 	the 	declaration, 	identify 	the 	lender 	as 	Sierra
Pacific Mortgage Company, Inc.. 	No copies of any assignments of the
note 	and/or 	deed 	of 	trust 	are 	provided. 	The 	Court 	may 	not 	grant 	a
motion 	that 	is 	not 	filed 	in 	the 	name 	of 	the 	real 	party 	in 	interest
and has serious concerns about the filing of false sworn statements.
END OF DOCUMENT
Case: 08-43157 Doc# 9 Filed: 07/25/08 Entered: 07/28/08 10:52:38 Page 2 of 3

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3
COURT SERVICE LIST
Peter C. Pappas
Law Offices of Peter C. Pappas
2400 Sycamore Dr. #40
Antioch, CA 94509
Mark T. Domeyer
Miles, Bauer, Bergstrom & Winters, LLP
1665 Scenic Ave., Ste. 200
Costa Mesa, CA 92626
Case: 08-43157 Doc# 9 Filed: 07/25/08 Entered: 07/28/08 10:52:38 Page 3 of 3